Legal Opinion
State v. Hess
Supreme Court of Iowa
Decided June 21, 1995No. 94-1744PublishedCited by 68 opinions
1Opinion of the Court
SNELL, Justice.
This case involves a discrepancy between an oral sentencing pronouncement and a subsequent written judgment entry. The defendant argues that due to the error in the written judgment entry, his sentence is illegal, and we must remand to the district court for a new sentencing hearing. We hold that the record unambiguously demonstrates the error was merely clerical in nature. We therefore affirm and remand for the court to correct the error by issuance of an order nunc pro tunc.
I. Factual and Procedural Background
On October 21, 1992, the State filed a trial information which…
2Cases cited18 opinions
- United States v. Juan Munoz-Dela RosaCourt of Appeals for the Ninth Circuit · 1974
- United States v. Raymond MarquezCourt of Appeals for the Second Circuit · 1974
- State v. CadySouth Dakota Supreme Court · 1988
- Smith v. State, Texas Court of Appeals, 5th District (Dallas)1991
- State v. HansonCourt of Appeals of Arizona · 1983
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3Cited by68 opinions
- State v. WoodySupreme Court of Iowa · 2000
- State v. CarneySupreme Court of Iowa · 1998
- State v. DenyaSupreme Court of Connecticut · 2010
- American Legion, Hanford Post 5 v. Cedar Rapids Board of ReviewSupreme Court of Iowa · 2002
- Boutwell v. StateCourt of Appeals of Mississippi · 2003
63 more not listed; retrieve them via the Exa API.